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McCUSKER v. W.C.A.B.

536 Pa. 380 (1994)

639 A.2d 776

Marilyn McCUSKER, Deceased, Alan L. McCusker, Appellant, v. WORKMEN'S COMPENSATION APPEAL BOARD (RUSHTON MINING COMPANY), Appellee.

Supreme Court of Pennsylvania.

Decided March 28, 1994.

Attorney(s) appearing for the Case

Raymond F. Keisling, Will, Keisling, Ganassi & Schmitt, Carnegie, for appellant.

David P. Andrews, Altoona, Ernest D. Preate, Jr., Atty. Gen., Michael R. Hetrick, Asst. Counsel, Bureau of Worker's Compensation, Harrisburg, for appellee.

Before NIX, C.J., and FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY, CASTILLE and MONTEMURO, JJ.

OPINION

ZAPPALA, Justice.

We granted this appeal to consider a challenge on federal and state constitutional grounds to § 307(7) of the Workmen's Compensation Act (Act), of June 2, 1915, P.L. 736, as amended, 77 P.S. § 562, which provides for benefits to dependents of deceased workers.

Appellant, Alan McCusker, began receiving workmen's compensation benefits pursuant to § 307(7) of the Act in January, 1980, after his wife was...

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